Evins v. Kane et al

Filing 20

ORDER to EXPAND the RECORD signed by District Judge Timothy M. Burgess on 6/8/2010. Within 21 days of entry of this Order, respondent must file electronically and serve petitioner a copy of Applications for Habeas Corpus relief filed in California State Courts in this matter. (Marciel, M)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GLYNNON EVINS, No. 2:05-cv-02224-TMB Petitioner, ORDER TO EXPAND THE RECORD vs. RANDY GROUNDS,1 Warden (A), Correctional Training Facility, Respondent.

In his petition, Glynnon Evins has raised as his second ground for relief that the provision providing for gubernatorial review of the decision of the Board of Prison Terms violates the Ex Post Facto Clause of the United States Constitution. Respondent does not address this ground in his answer. Furthermore, although the decisions of the California courts, which also do not address this ground, have been appended to the Answer, the record does not contain a copy of the petitions for habeas corpus relief filed in the state courts. This omission makes it virtually impossible for this court to apply the applicable standard of review to the decisions of the state courts. IT IS THEREFORE ORDERED THAT, within 21 days of the entry of this Order, Respondent must file electronically, and serve on Petitioner, a copy of the petitions for habeas corpus relief filed in the California state courts in this matter.2 Dated: June 8, 2010. s/ Timothy M. Burgess TIMOTHY M. BURGESS United States District Judge

Randy Grounds, Warden (A), Correctional Training Facility, is substituted for Ben Curry, Warden, Correctional Training Facility. Fed. R. Civ. P. 25(d).
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1

See Rules--Section 2254 Cases, Rule 7(a).